3
f.
(It) shall place itself at the disposal of the parties concerned with a view to
reaching a friendly settlement of the matter on the basis of respect for the human
rights recognized in this Convention.
Regulations of the Commission
Article 45. Friendly Settlement
1.
At the request of any of the parties, or on its own initiative, the
Commission shall place itself at the disposal of the parties concerned, at any stage
of the examination of a petition, with a view to reaching a friendly settlement of
the matter on the basis of respect for the human rights recognized in the
American Convention on Human Rights.
Rules of Procedure of the Court
Article 42. Discontinuance
2.
When, in a case brought before the Court by the Commission, the Court is
informed of a friendly settlement, arrangement or other fact of a kind to provide a
solution of the matter, it may, after having obtained the opinion, if necessary, of
the delegates of the Commission, strike the case off its list.
With respect to this last provision, it is obvious that if the "party" in the friendly settlement were
the Commission, it would be absurd that the Court would later have to obtain the opinion of the
Commission in order to strike the case off its lists.
8.
Nothing in the foregoing means that I do not understand or share the concern that the
majority decision appears to reveal, in the sense that the Commission, possibly, is in a better
condition to oversee the interests of the assignees of Manfredo Velásquez, or that a specific
agreement between the Government and the Commission could have the greater standing of an
international agreement. Nevertheless, I hold as follows:
a.
Regarding the first point, that the Court is required to apply the norms of
the Convention and its Rules in conformity with their ordinary meaning. In my
opinion, the text of those norms does not support the interpretation adopted.
b.
I did not mean to suggest at any time that the Commission should not
actively participate in the negotiation of an agreement with the Government
concerning the compensation ordered by the judgment. My draft specifically
recognized that and my willingness to accept a simple reference to "the parties"
implied the Commission's participation. Of course, the Court has reserved the
right to confirm that agreement anyway (operative
point 7, adopted
unanimously).
c.
Regarding the effectiveness of the agreement, I am not concerned whether
the legal framework is national or international. In either case the validity and
force of that agreement would derive from the Convention by virtue of the
judgment itself and the confirmation or formal approval of the Court, which would
be subject to execution at the international and the domestic level, as expressly
provided by Article 68 (2) of the Convention in the sense that